How to file a complaint for discrimination at work

If you believe you have been discriminated against by an employer, employment agency or union at the time of applying for employment or other related grounds: race, color, sex, religion, national origin, age or disability, you may file a complaint with the United States Equal Employment Opportunity Commission (EEOC).

The EEOC enforces federal laws against discrimination in employment. You should also know that these laws prohibiting sexual harassment and discrimination based on pregnancy. It is also unlawful to retaliate against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices.

The procedure can file a complaint by mail or in person at the nearest office of the EEOC. In the phonebook in your area you can find the phone number of that office under “US Government”. You can also call 1-800-669-4000 or 1-800-669-6820 (TTY) (for those with hearing problems) or visit the website of the EEOC: www.eeoc.gov. The complaint shall be filed with the EEOC within 180 days from the date of the alleged discrimination, although in some cases this term can be extended to 300 days.

Your complaint must be filed with the EEOC before presenting it to the court. When you file your complaint, the EEOC informs the employer within ten days. The complaint received immediate attention when the facts seem to indicate the possibility that there was indeed a discriminatory act. The EEOC will resolve the complaint at any time during the investigation, if both the charging party and the employer agree. If no early resolution, the complaint will continue. If discrimination is found, EEOC will seek a remedy for the plaintiff by conciliation. If this is unsuccessful, the EEOC may file suit against the employer.

If the complainant is not satisfied with the efforts of the EEOC, have the right to file your own lawsuit against the employer in court within a period of 90 days after receiving the “notice of right to sue”. Refunds if it is demonstrated that discrimination occurred, the complainant would be returned to: hiring, reinstatement, reasonable accommodation, promotion, retroactive payment, advance payment or other measures that reward “fully” the person (the condition in which it would be if the discrimination had not occurred). Refunds may also include payment of lawyer’s fees, expert witness fees and court costs.